Terms of Service

These Terms of Service define the conditions you need to accept to use our Website, available at the address: gamefound.com. You hereby accept the Terms of Service and undertake to comply with them. 

The Website is run by Gamefound Sp. z o.o. with its registered office in Wrocław (50-127) at the following address: ul. św. Mikołaja 58, registered in the Register of Entrepreneurs conducted by the District Court for Wrocław-Fabryczna, VIth Commercial Department of the National Court Register under KRS number 0000778227, holder of Business entity statistical number (REGON): 382893080, Polish taxpayer’s identification number (NIP): 8971865043, holder of share capital in the amount of 84 250.00 PLN; („Gamefound”).

You can contact us via e-mail address: help@gamefound.com.

Agreement - a contract between a User and Gamefound to provide services via the Website based on the Terms of Service and the other arrangements made between the Parties – if applicable.

Backer - any User that sets up an account the Website and who brought a Pledge to at least one Project.

Buyer - any User taking steps to purchase or purchasing Goods in the Store on a Website.

Consumer - a natural person who performs a legal transaction with the entrepreneur not related directly to his business or professional activity.

Creator - any User that has undergone onboarding and created at least one Crowdfunding or Pledge management Project.

Goods - items, services or rights that are subject of the Offer.

Offer - a proposal to conclude a contract for the sale of goods on the terms specified by the Seller, in particular including the price and description of the offered Goods, through the functionalities of the Stores on the Website.

Pledge - any cash sum contributed by the Backer in order to fund one or several Projects.

Reward - any product that the Creator suggests to its Backers in exchange for its Pledge to the Project.

Project - any scheme led by the Creator and made available online on the Website.

Seller - any User taking actions aimed at selling or selling Goods in Store on a Website.

Service - any services made available to Users on the Website after they have created an account, in particular, services provided electronically by Gamefound based on the Agreement and Terms of Service, services to create or participate in crowdfunding Projects, or access to a Pledge manager or sell or buy in Stores on the Website.

Store - a place on the Website where the Seller offers Goods to Buyers under separate Terms of Service for Stores.

User - any user who is an adult natural person with full legal capacity, a legal person, or an organizational unit without legal personality, which the law recognizes as having legal capacity, that sets up an account on the Website and concludes the Agreement. The user may be a natural person without full legal capacity after obtaining the consent of the legal representative. Gamefound is not responsible for the actions and effects of the actions of persons referred to in the sentence above if they acted without the consent of their legal representative.

Website - the site available at the address https://gamefound.com/.

All of the above definitions can be used in the singular and plural forms (if applicable).

The User is obliged to complete the registration process by providing Gamefound with current and accurate information (e-mail address). During the registration process, the User: (a) is required to confirm the e-mail address, choose a password to the User account and agree to all the conditions of the Website set out in the Terms of Service and Privacy Policy, and undertake to comply with them; (b) can create a nickname.

Once the User completes the registration process, in order to use the Website, it is necessary to log in to the User account using an e-mail address and password.

Each User may have only one User account.

When completing the registration form, the User may not provide the personal data of other Users or third parties and the image of third parties without the consent required by law.

In the case of legal persons and organizational units, only a person who is authorized to act in this respect on behalf of these entities may set up an Account on their behalf.

Upon the successful creation of an account on the Website, an Agreement is concluded in electronic form between the User and Gamefound, the subject of which are the Services.

The Website is available 24 hours a day. Access to a specific Project or Store may be limited or cut off due to the Creator’s or Seller’s sole decision. Due to substantial reasons, in particular technical or maintenance works, Gamefound may, from time to time, turn off the Website or some of its features/functions. Due to that, some of the features/functions may be temporarily unavailable.

The User needs to be logged in to use the Services. The User can browse the Website, edit User data on the account, support Projects, sell or buy Goods in Stores, contact Gamefound and ask questions about the Website, comment on Projects, receive newsletters, and learn about the hottest Projects on the Website. If the User wants to stop receiving newsletters and learn about the hottest Projects on the Website, the User should make appropriate changes in the account settings. When the User creates an account, the profile page is created by Gamefound. By default, the User’s profile is public to other people visiting the Website. The public profile can be changed by the User to private in the account settings at any time. The information that is available in the User’s public profile is especially as follows: nickname, avatar, profile description including links to social media, any information User adds to the profile, comments on the Website, projects that the User has created, followed or backed, profiles that the User follows or by which the User is being followed. The following data will not be publicly displayed on the public profile: User’s name, date of birth, payment information, IP address, pledge amount, chosen rewards, identity verification documentation, and communications sent directly to Gamefound.

When using the services offered on the Website, Users may engage in various roles and activities, such as participating in crowdfunding, managing pledges, or conducting transactions in online stores. Each role involves specific responsibilities and may necessitate providing additional information and agreeing to distinct terms of service tailored to that role. Users will always be informed of the need to accept such separate terms of service.

Creating an account on Gamefound and using the Website is free for the User. However, some of the services offered on the Website, may be subject to fees or require additional actions - the User will be informed of the need to pay fees or additional actions before using such services on the Website.

The use of services provided electronically as part of the Website, due to the transmission of data via the public Internet network, is associated with the risk of interference by unauthorized third parties in the data sent between Gamefound and the User.

In order for the User to be able to use the Services in full safety, Gamefound makes every effort to eliminate illegal content from the Services immediately after Gamefound becomes aware of it and verifies it.

Illegal content means information that, by itself or by reference to a specific action, is not in accordance with generally applicable law. Illegal content may include, in particular, content that violates copyrights, content that is discriminatory, offensive, vulgar, inciting hatred or otherwise violating personal rights, as well as presenting the Projects or Goods and information about them, that do not meet specific legal requirements or violate the rights of other entities.

Therefore, by using the Website each User undertakes not to provide, transmit or publish illegal content and is obliged to use the Website in a manner consistent with applicable law, social coexistence, and respecting Gamefound content policy described in this section. Furthermore, the User will not take any actions aimed at compromising the security of the Website. Users are prohibited from publishing or presenting any content that violates generally accepted ethical, moral or moral standards, in particular inciting or promoting hatred, violence or any form of discrimination, including on the basis of nationality, skin color, beliefs, religion, worldview, promoting authoritarian and totalitarian systems, as well as any content praising or supporting such behavior or systems. When posting any information about the Creator or the Project on the Website, the User must refrain from dissemination false, misleading, or inaccurate information and must avoid focusing on competitive offerings. Nicknames used by Users must not be offensive, obscene and must not relate to controversial figures. Sharing personal experience and opinion is permissible, provided that constructive criticism and a respectful tone are maintained and opinions are not manipulative or provocative, inciting negative behaviors among other Users. Opinions regarding a given Project should be pertinent and directly related to that Project under which they are posted. The comments section may be restricted by allowing commenting privileges only to Users who have supported the Project or made purchases in Stores, or may be restricted due to a User’s violation of this Section 5.

User undertakes not to provide unlawful content and not to offer unlawful Goods and content/Goods that may adversely affect the security of the Website or harm the other Users. Furthermore, the list of prohibited content and Goods includes:

As an additional guideline for what is accepted or not on the Website, Gamefound is applying a similar standard as is defined for a rating by ESRB Mature 17+ as a limit to what is acceptable content.

Gamefound expressly reserves the right to adapt and interpret this content policy as Gamefound is deemed necessary to protect the integrity of the Services, brand, and Gamefound company values as Gamefound understands them.

By using the Website, the User undertakes in particular to:

Gamefound does not conduct prior or automated identification and verification of illegal content and any decisions by Gamefound aimed at combating illegal or inappropriate content are made after receiving information about their occurrence.

If you identify illegal content or illegal activity on our Website, you have the right to report it to us electronically by using the appropriate form available here. In the event of often obviously unfounded reports, Gamefound has the right, after unsuccessful warning, suspend consideration of your reports and complaints for a period up to 12 months.  

In the event that the User violates any generally applicable law or Gamefound Terms of Service, Gamefound is entitled to warn the User. Issuing a warning to the User constitutes information for the User that in the event of further violation of the provisions of Terms of Service or any applicable law, Gamefound may limit the User’s rights to use certain functionalities or suspend the User’s account. Notwithstanding the above Gamefound may, without prior notice, edit, remove or other way prevent access to the content that violates the abovementioned provisions. 

In some cases, in particular in the event of gross or repetitive violation of applicable law, these Terms of Service or terms of service for separate Service, Gamefound has the right without sending prior warning to the User, to limit or block access to the Website for the User by:

 

Gamefound will immediately inform the User concerned about the restrictions applied to the User, and will provide the justification for the decision and its legal basis.

If you are the recipient of a given service, including if you have reported illegal content and you do not agree with Gamefound’s decision or its justification, you have the right to submit a complaint within 6 months of being informed about it. We will respond to your complaint and explain your concerns as soon as possible. You should submit a complaint electronically using our electronic contact form and selecting the complaint submission option by using the contact form, which can be found here.

The law obliged Gamefound to take the actions specified herein or provide specified information if Gamefound receives an order from an authorized judicial or administrative authority. In this case, if these activities concerns the User or the content that User submit, Gamefound will inform the User of receipt of such an order within the time specify therein and if any deadline has been specified, then at the latest when the relevant content moderation activities are undertaken.

The User is entitled to delete the account at any time through the account settings. Erasure of the account is tantamount to termination of the Agreement. In this case, all of the Agreement’s provisions remaining in force due to these Terms of Service and/or generally applicable Polish law provisions survive such termination.

Gamefound reserves the right to suspend or delete the User account, with immediate effect, in the event of any violation of the Terms of Service or any other legal provisions. Gamefound shall inform the User about suspending or deleting the User account by sending an e-mail, which will contain a description of the specific reasons for suspending or deleting the User account and contact details to Gamefound.

Deleting an account of the User by Gamefound is tantamount to the termination of the Agreement. In case of deleting the account before the Project end date, Gamefound immediately cancels the reservation of the payment charge on the User’s credit card. Deleting an account does not affect the contracts concluded between Seller and the Buyer before its deletion.  The User shall be informed about the termination of the Agreement via e-mail sent to the address provided by the User in the registration process. Notwithstanding the above, Gamefound may retain certain information about the User as required by the law or as necessary for its legitimate purposes.

The User who is a consumer (including a sole entrepreneur who has a status of a consumer) has the right to withdraw from the Agreement (concluded remotely) without stating reasons and without incurring costs, except for the additional and unreasonable costs.

The withdrawal period for the Agreement concluded remotely is 14 days from the date of its conclusion, while to comply with this term, it is enough to send a relevant statement before its end. It can be completed, e.g., by using a standard withdrawal form (it’s not obligatory), Appendix no. 1 to these Terms of Service, available here – the User can, e.g., send it to Gamefound via e-mail.

In case of the assignment of the rights to the Website by Gamefound to another entity, Users who aren’t consumers hereby agree to the subrogation of Gamefound’s contractual rights and obligations by the successor. The Users who are consumers (including a sole entrepreneur who has a status of a consumer) will be informed via e-mail about the intention of assignment of the contractual rights and obligations. Lack of Users’ objection within 14 days is tantamount to the Users’ consent.

The Users, who are consumers (including sole entrepreneurs who have a status of a consumer), have a right to assign the contractual rights and obligations to another entity. In that case, the User is obliged to inform Gamefound about the intention of assignment of the contractual rights and obligations via e-mail. The lack of Gamefound’s objection within 14 days is tantamount to the Users’ consent. The Gamefound’s objection, made in the prescribed period, is tantamount to termination of the Agreement.

Gamefound is not liable for any disruptions in the proper functioning of the Website and any loss of the Users data caused by force majeure, third parties, and/or by Gamefound's efforts to improve the Website's functionality.

The User is responsible for maintaining the confidentiality of the account and password, for restricting access to the account, and agrees to accept responsibility for all activities that occur under the account or password.

Prices indicated on the Website constitute commercial information, not an offer in the meaning of the Polish Civil Code.

The contract between Users and their counterparts regulates their bilateral relationship, which Gamefound is not a party to. Consequently, Gamefound is not liable for any acts or omissions of the parties involved, nor for any violation of such contract, particularly concerning project performance, reward delivery, or Goods sales. Gamefound does not guarantee that products will be delivered within the specified timeline. Gamefound is not responsible for reimbursing payments made by Users, as payments are directly transferred to the respective accounts of Creators and Sellers. Reimbursement terms are determined individually by each Creator and Seller.

In case of any issues, Users should reach out to the relevant party of the contract involved. If resolution is not achieved, Users may then seek assistance from Gamefound.

The User agrees that Gamefound is not liable for any entities providing its services in order to perform the Agreement – to the extent permitted by the Polish generally applicable law provisions.

Gamefound tries to provide the Users with the best services it can, but Gamefound cannot give the Users a 100% guarantee that everything will work well all day, every day, especially since Gamefound is somehow dependent on our contractors and suppliers. In case of any technical problem the User finds while using the Website or any reasonable objections to Services, please do not hesitate to contact Gamefound by using the contact form, which the User can find here: https://gamefound.com/contact.

If the User decides to contact Gamefound, they should describe their problem or objections to Services as precisely as possible. It will allow Gamefound to react quickly and effectively.

Gamefound will respond to the User message via e-mail immediately – no longer than 14 days from the day we receive it. The Gamefound response will describe to the User the cause of the problem and suggest the best possible solution to remove it or inform that Gamefound is working on the elimination of the problem and indicate the estimated time of the elimination process or confirm that it has eliminated the problem already.

If the User case has not been satisfactorily resolved or the problem will occur again, the User has the right to ask for a revision of Gamefound’s first stance. To do that, please use the above-mentioned contact form.

Services and products provided on the Website are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. The Users agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Website.

The materials published by the User on the Website, including the content of the Project, may not infringe the rights of other Users or third parties.

You can report a copyright infringement using the contact form which can be found here.

In the event that a third party or another User reports any legitimate claims against Gamefound for infringement of that person's rights as a result of the User’s actions, including intellectual property rights to the materials posted on the Website, the User who is the subject of the notification undertakes to conduct the application at his own expense and risk any legal steps ensuring due protection of Gamefound against such claims. In particular, the User undertakes to replace Gamefound, or, failing that, to join Gamefound in any proceedings against Gamefound, and undertakes to compensate Gamefound for all costs incurred by Gamefound, in particular, the costs of legal assistance and costs which it will be obliged to pay to a third party or another User in connection with a legitimate claim or court action for infringement of the subject of intellectual property rights - on the basis of a court judgment or settlement of the parties to court proceedings concluded with the User’s participation.

The minimum technical requirements, the fulfillment of which is necessary for cooperation with the ICT system used by Gamefound, including the use of the Website and the conclusion of the Agreement for the provision of services is: (a) connection to the Internet, (b) having devices that allow the use of Internet resources, (c) in the case of Users registered on the Website, having an active e-mail account (e-mail).

Gamefound ensures the correct operation of the Website for the Users via the most popular and the latest versions of the commonly used operating systems or browsers (in particular: Windows, OS, iOS / Firefox, Edge, Chrome, Safari). In case of any questions regarding the compatibility of a specific version of the operating system/browser with the Website, please use the contact form, which the User can find on the Website.

The use of third-party software which influences the functioning and functionality of the browsers (browser extensions) may have an impact on the correct functioning of the Website. Therefore, for the purpose of achieving full functionality, it should be turned off.

Search results and presentation order of items on the Website are determined by sophisticated algorithms that consider various factors, such as the User’s past engagements, including followed projects and purchase made. The positioning of Projects or Offers is not influenced by any fees charged to Users. The search results or order in which Projects or Offers are presented are never due to Users' fees.

Gamefound is entitled to unilaterally amend the Terms of Service in the event of the following important reasons: (i) organizational, business, or legal changes with regards to Gamefound, (ii) changes of the law or interpretation legal provisions, (iii) changes in the Website's functionalities, provided that those amendments are intended to adapt the content of the Terms of Service to its functionalities, (iv) editorial changes.

If Gamefound makes changes to these Terms of Service, Gamefound will post the updated Terms of Service on the Website and will provide the User with the notice of the modifications by e-mail or by message visible on the User account on the Website at least fourteen (14) days before the date they become effective. Users will be bound by the provisions of the new Terms of Service unless they terminate the Agreement within 14 days from the date of notification of a change in the Terms of Service. To do that, the User should just notify Gamefound that it doesn’t want to use our Website on the basis of updated conditions. After such a message, the User may lose the possibility to use the Website, and Gamefound will be entitled to delete the User account on that date.

Any amendment to the Terms of Service to the extent that it relates to the former Backer’s actions and decisions regarding the Pledge made on the Website before the amendment to the Terms of Service does not affect the legal conditions (Terms of Service) applicable at the time of those actions and decisions. The change of Terms of Service does not affect the Sales Contract concluded by the customer before the change of the Terms of Service.

The current version of the Terms of Service is always available on the Website here.

The Agreement shall be governed by Polish law. In matters not regulated hereunder, the provisions of the Civil Code, Consumer Rights Act, Act on copyright and related rights, and other generally applicable laws shall, in particular, apply. These Terms of Service include the following Appendices, which are an integral part of the Terms of Service.

Any disputes between Gamefound and the User shall be settled by way of mediation or out-of-court dispute settlement. If the parties are unable to reach an agreement, any disputes which may arise from the application of this Agreement shall be submitted by the parties for a resolution to a competent Polish court which, in the case of the Users who are entrepreneurs, will be the competent court for the seat of Gamefound.

The Terms of Service regarding consumer rights shall apply respectively to natural persons conducting sole entrepreneur and concluding the Agreement directly unrelated to their business activity if it follows from the content of the Agreement that it is not of a professional nature for them. Nothing in these Terms of Service should be interpreted so as to limit or exclude any rights granted to such Users. Should any provision of these Terms of Service be found to have such an effect, these Terms of Service should be applied and construed so that it may be ensured that such Users are able to make use of their rights. Gamefound stipulates that it is not permissible for the User to act simultaneously as a natural person and as a professional within one Agreement. It is only possible to make separate purchases of professional and non-professional nature.

Consolidation, security, accessibility, and confirmation of the content of the distance agreement concluded with Gamefound for the User who is a consumer (including a sole entrepreneur who has a status of a consumer) takes place by sending the User an e-mail containing confirmation of the conclusion of such agreement. The Agreement is concluded for an indefinite period.

Gamefound hereby informs Users that it does not use alternative methods of settling disputes with consumers unless it’s expressly required by applicable law. It means that Gamefound does not agree to participate, and it is not obliged to participate in this kind of proceeding. Also, Gamefound hereby informs Users that the European Commission operates a platform for out-of-court complaints and redress. The platform is available at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN. Gamefound is not bound by any external code of good practice.

Information on how Gamefound processes the personal data of the Users can be found in the privacy policy available here.